Food Fights! 

(Published January 1, 2009)

 

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription.

 

While you probably don't have to deal with employees flinging food at one another across the company cafeteria, you may have to contend with some other management issues that arise when employees bring food into the workplace.

 

Food Fight #1: Stolen Sandwich

Unable to work through the growl of his empty stomach, Mark Tomlinson decided to take an early lunch.  He couldn't wait to sink his teeth into the meatloaf sandwich he had prepared from last night's leftovers.

 

"I can't believe someone actually took my sandwich," Tomlinson remarked when he discovered that his lunch was missing from the company fridge.

 

"I'm not surprised," a co-worker replied.  "Last week, my soda went missing."

 

Food for thought: If food is being stolen from the company refrigerator, try posting a sign stating that theft, including food items, is grounds for termination.  Even if your company doesn't have surveillance equipment, warning that the kitchen is subject to electronic monitoring might do the trick!

 

Signs should be a supplement to addressing the issue in department meetings.  Remind employees that food items are the personal property of the person who brought them in and are not communal property, in case of a misunderstanding.  Also be sure to instruct employees to clearly mark their food items.  Items might have been taken by accident, if employees buy the same brands (and flavors) of food.

 

Food Fight #2: Desktop Dining

One whiff of her co-worker's lunch and Tara Rooney felt sick to her stomach.  Unable to take it any longer, she complained to her manager, Linda Goddel.

 

"Can't you ban her from eating at her desk?" Rooney pleaded.  "The smell of the fish she's eating today turns my stomach."

 

"I've spoken to her about this before," Goddel responded.  "She doesn't like to go out for lunch."

 

"All I ask is that she eat her lunch in the break room, so I don't have to smell it," Rooney replied.

 

Food for thought: Requiring employees to eat their lunches in the break room away from co-workers and customers is not a bad idea.  Although odor is one reason to disallow desktop dining, there are several other reasons.

 

For one, consider the image portrayed if your employees have public contact.  Not very professional.  And you wouldn't want to risk offending customers/clients with food odors or employees speaking with food in their mouths.

 

Even if employees don't have public contact, there is also the concern that splatters or spills will find their way on to, say, important papers, computer equipment, etc.

 

Finally, there are also issues with roaches and rodents if employees leave behind crumbs.

 

Food Fight #3: Working Lunches

When manager Karen Kelly noticed that her newest employee, Dennis Martin, often worked through lunch and ate at his desk, she was impressed by his dedication.  Sure, the company didn't approve of working lunches, but she didn't want to quash his enthusiasm.

 

Martin worked through his lunch every day for several months.  That is, until his job was eliminated in a company-wide downsizing.  Although he had never asked Kelly to pay him for his working lunches, he headed straight for the Department of Labor and demanded compensation for his time.

 

Food for thought: This is one of the primary reasons you shouldn't allow employees to work through their lunch.  Meal periods generally do not need to be paid.  However, if a non-exempt employee does even a minimal amount of work during that time (e.g., answer a couple of phone calls), the Department of Labor might expect you to compensate the employee for his/her time.

 

Also beware of employees who do a minimal amount of work while eating lunch and expect to be paid, and then also expect to be able to take their unpaid meal break on top of that to run errands or leave early.

 

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